In re Friend

Filed 3/22/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

In re JACK WAYNE FRIEND A155955 on Habeas Corpus. (Alameda County Super. Ct. No. 81254A)

Petitioner Jack Wayne Friend’s appeal of his judgment and first petition for writ of habeas corpus were unanimously rejected by the California Supreme Court. Thereafter, California voters passed Proposition 66, the Death Penalty Reform and Savings Act of 20161 (Proposition 66), an initiative measure intended “to make the system of capital punishment ‘more efficient, less expensive, and more responsive to the rights of victims.’ ” (In re Friend (2021) 11 Cal.5th 720, 725 (Friend).) As relevant here, Proposition 66 requires that capital habeas corpus petitions generally be presented to the sentencing court and that a successive habeas corpus petition be dismissed unless the court finds that the petitioner makes a showing of actual innocence or ineligibility for the death penalty. If a sentencing court denies a petitioner’s second petition for writ of habeas corpus on successiveness or other grounds, the petitioner may appeal that

(Voter…